Know Your Rights

If you are arrested

Constitution of Kenya, Article 49

Article 49 of the Constitution protects anyone taken into police custody.

• You must be told why you are being arrested.
• You have the right to remain silent — only answer questions about your identity.
• You may contact a lawyer and inform your family.
• You must be brought before a court within 24 hours of arrest.
• You have the right to reasonable bail or bond.

If you are in court

Constitution of Kenya, Article 50

Article 50 guarantees a fair hearing for anyone facing criminal charges.

• You have the right to a lawyer of your choice.
• Your trial must not be unreasonably delayed.
• You must be informed of the charges against you in a language you understand.
• You cannot be forced to confess or plead guilty.
• You have the right to appeal if convicted.

Bail and bond

Constitution of Kenya, Article 49(1)(h)

Bail should be accessible and fair — not used to punish people before trial.

• Bail must be reasonable and not set at an impossible amount.
• Bail decisions must not discriminate by gender, religion, or social status.
• You may apply to the court to review or reduce bail.
• Follow all court conditions once bail is granted.
• Contact a lawyer or legal aid provider if bail is denied or too high.

General constitutional rights

The Bill of Rights applies to every person in Kenya, including detainees and their families.

• Right to human dignity (Article 28).
• Equality before the law — no discrimination (Article 27).
• Freedom and security of the person — no torture or cruel treatment (Article 29).
• Access to justice and courts (Article 48).
• Every person may seek legal redress when their rights are violated.